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DOWLING v. DAVIS

Nos. 92-16393, 92-16439.

19 F.3d 445 (1994)

Margaret DOWLING and Vernon Cox, on behalf of themselves and the Medicaid Class and In-Home Supportive Class, Plaintiffs-Appellants, v. Gray DAVIS, Controller of the State of California; and Thomas W. Hayes, Treasurer of the State of California; Kenneth Kizer, Director of Department of Health Services, State of California; Linda McMahon, Director of Department of Social Services, State of California; and Department of Social Services, State of California, Defendants-Appellees. Margaret DOWLING, et al., Plaintiffs, and Service Employees International Union, Local 434, AFL-CIO, et al., Intervenors-Appellants, v. Gray DAVIS, Controller of the State of California; and Thomas W. Hayes, Treasurer of the State of California; Kenneth Kizer, Director of Department of Health Services, State of California; Linda McMahon, Director of Department of Social Services, State of California; and Department of Social Services, State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Grace A. Galligher, Coalition of California Welfare Rights Organization, Sacramento, CA, Lynn S. Carman, Corte Madera, CA, for plaintiffs-appellants.

Richard G. McCracken, Davis Cowell and Bowe, San Francisco, CA, Craig Becker, University of California at Los Angeles Law School, Los Angeles, CA, for intervenors-appellants.

Larry G. Raskin, Deputy Atty. Gen., Sacramento, CA, for defendants-appellees.

Before: WALLACE, Chief Judge, GARTH, and WIGGINS, Circuit Judges.

GARTH, Circuit Judge:

The appellants, Margaret Dowling and Vernon Cox, individually and on behalf of two certified subclasses of plaintiffs—recipients and beneficiaries of California's Medicaid program, Medi-Cal (hereinafter "the Dowling Medicaid class"), and recipients and providers of In-Home Support Services (hereinafter "the Dowling IHSS class")—and intervenors Service Employees International Union, Local 434, AFL-CIO (hereinafter "Service Employees...

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